that without also talking about the bargaining. the defendants are involved inthedefenseattorneysare involved in the plea bargaining process but not in a way that gives them very much say so, and i will explain why. i talked before about the charging function. well, very closely connected to that is plea-bargain in. we have a system in the justice where i think most americans think that there's all these trials going on in the criminal courtrooms around the country. they watch law and order and they see these trials going on. there are more going on on the tv shows probably than in real life. we don't have a lot of trials going on but we do have a lot of guilty pleas of not 95% of all criminal cases are resolved by way of a guilty plea, not a trial and the way that works is the prosecutor will bring the charges and as i mentioned before they have a lot of discussion deciding what to charge. by example the prosecutor could charge a felony that if they want to they could charge a misdemeanor. there's also a phenomenon called overcharging where they pylon charges because it's very e

. robert mcnamara, secretaryofdefense30years later spoke of his regret that we have been able to listen. he said it was a failure of the imagination to realize a french are the best informed westerners on vietnam and we didn't take them seriously because we send to didn't have an interest. as the book recounts, i would to the french archives to look at what was going on in the french foreign ministry. they have no culture in their insignificant. but they said as they analyze intelligence from vietnam 17,000 french citizens they are. exiles in paris and they try to share with us. we couldn't here because it is confusing concept we have. >> host: professor friedman a month of been times in there's another anti-nation type feelings? anti-british empire come anti-roman empire? >> guest: indeed. does the right question to ask because it should be to the use of the term we have in the court age of the british empire. perdition officials talk about anglo phobia to explain why they encountered resistance in the middle east or south asia. their explanation was when people rise up or criticize us

-making and with their issue. but they repeated the concerns and captivated the room with tablerattlingdefenseoneof the land grant struggle of guadeloupe and the destruction of violence and armed self-defense. "whites bring their own crimes they're not afraid of violence. the liberty bell cracked in rebellion against the betrayal against the country. he concluded by asking about abernathy's standing in for dr. king that evening as he supported the treaty couching answers and usher that they were with him in spirit and the room exploded with applause. over the next several hours you can sense the attention they're not sure what to make of each other or if it will work but over the next several hours day bond over culture and music and food. and the growing realization that they are stronger together and more importantly taking their issues seriously. which a training center for civil-rights him a rat activists going back to the 1930's after the conference wrote dr. king "i believe we caught a glimpse of the future in the making of a coalition. >> sparking urban disorders in more than 100 cities a

down. but he's not counted. he's not in that departmentofdefensenumberon wounded soldiers because the wall is not considered hostile enemy. and so there are thousands and thousands of these other soldiers, some of them very, very severely wounded, that were not so much -- that we're not so much hearing about, and i think that -- you know, they were in iraq just like everyone else, or they were in afghanistan, and they deserve our support ju need to believe that. so not the typical place for a psychologist. nothing about my people and involved typical places raise psychologists so what did i do in the midst of this? when i returned i ran away as many do after trauma. i left the navy, but clinical work altogether. i was hoping to find some peace. during that time rule number 2 was written by accident, it was written as therapy. a vietnam marine, retired colonel who has written several books about the marines in vietnam contacted me and said you need to write a book where every line in that poem is captured and i was very respectful since he is a colonel. i settled respect, absolutel

-governance. while the initial development of the party and the national threat was there the strategy of self-defense, a lot of what became really the center of a party practice in 69 and onward was free brac is for children and community programs about taking care the community. here you had the war on poverty and yet you had children starving here in the united states. the black panther party said we are going to feed the children in our community. this was the breakfast program and they had liberation -- i want to say a word about the party. the party was attacked by the federal government not only is an organization that's really the history and the political possibility of the party was attacked. if you look at the documents of j. edgar hoover thinking about the threat of the party he makes it very clear that the challenge is to really make the party impossible to support. if you look at, just to give an example and an illustration there is a memo in san francisco who writes to hoover and says you know hoover is directing them to create a program to attack the breakfast program and san francisco

of party and the spread was really through the strategy of armed self-defense, a lot of what became really the center of the party's practice in '69 and onward was free breakfast for children and community programs that were really about taking care of the community. here you had the war on poverty, federal law proclaiming the war on poverty, and yet you have children starving here in the united states, the wealthiest, you know, country in the world. and so the black panther party took it upon themselves to say, you know, we're going to feed the children in our community. these are some of the breakfast programs. they had liberation schools. this is, the top picture is new haven free clothing program. i want to say a word about gender and the party. the party has been, was attacked by the federal government not only as an organization, but really the history, the history and the political possibility of the party was attacked. and if you look at the memos and documents of j. edgar hoover's thinking about the threat of the party, it makes it very clear that the challenges to really make the

cliches, we have to interrogate those terms but i want to sayindefenseofphilanthropies that i have written critically about the big monopolistic philanthropy that do away with small-scale philanthropy that allow competition and different approaches but on the hole if you look at george soros or bill gates and want to say in terms of the world or malaria or small children living longer and women getting on i would rather have a world of philanthropy than without although i could design a philanthropic world that maybe didn't have bill gates or george soros in it that was ideal but in terms of the real world of philanthropy i am glad to have those philanthropies and the other thing to be careful of is having too that bill gates and george soros, they're so monopolistic and tied to big money, the fact is a lot of lives have been saved around the world in the developing world because of the work that those philanthropies have done despite the connections with tainted money and their monopolistic operations that make it harder to have choices. let's have another round here. would you st

engines at the driveway. it had been inspected to makeitdefensible. meanwhile,the next action is that the fire is moving like this. a lot of animal life around. this is not a good situation. it can cause panic and have it suddenly have horses running through. horses panicked with fire. there is some discussion about what to do about them. and richard saw that the corral they were in is essentially a safety zone for the horses. if you take a look behind us, you see all kinds of junk. and that stuff can blow up and explode, they came down late in the game. this is from the bottom from the north side looking up they felt fine. but this isn't nascar. and once they start heading for the double wide, they began to get worried. some of them were excited, kids in the back of the cab, they say no, we have a fire. and all of the stuff that they say. and the captain and some of the others -- the people who have had a little bit more experience, they are thinking that this is going to get serious. and it did. the first house that they got to was the woman who was away at the time. the hou

were never designed to be transcripts -- we havejustdefenseofnixon discussing how to fight pack, how to -- how to fight back, how to go after them. let's, you know, defend with a good offense. that's all we have. so the tape itself has provided no new clues. holdman's notes are rather limited, and the national archives did a spectral analysis to see if they could see whether there had been another page that had been ripped out and thrown away, and they were looking for indentations. yeah, you're smiling. look, people actually try to figure out if there are conspiracies, really. [laughter] and nothing. >> i was going to say, you don't think there was anything deeply sinister beyond what we already know sinister. >> well, i'll tell you my, i mean, i've said -- i'll tell you what struck me as really interesting about that tape was how it had been handled. it was my job at the national archives, at the library i wrote the new water bathe gallery at the library, and i looked into this. i had an interest in tapes. i had run a project analyzing tapes, anyway, presidential tapes. and it

it done quickly for self-defense. people were being stopped or threatened and those individuals buying a gun talk about a real threat to their safety. one of the things i tried to make clear is that we talk about laws, we have to talk about boats across the benefit. everybody wants to keep a criminal from getting a gun. we have to compare how many criminals were stopped. doesn't look like. many. how many law-abiding citizens who should be able to get a gun because they haven't made similar to somebody we want to stop or wrongly prevented from buying a gun. even if it's a small percentage, that's a lot of people who are being harmed by not being able to get it. the problem is this isn't the only problem. there's a number about five to seven times larger that people merely delayed, not of this initial denial category. they are delayed three days. the problem is even delayed three days for a small number of people, it also can affect their safety of a woman needs dr. threat. she may not have the luxury of waiting for five days to get a gun. my research shows define a small but statistical

britain to its knees even after the danger of sea borne invasion faded following the raf'sheroicdefenseinthe battle of britain during the summer of 1940. britain crucially depended on imports not only for oil, steel, war material, but just to stay alive. the country was a net importer of food, and by the start of 1941, the u-boats had already sunk enough shipping to reduce imports below the 31 million tons a year it needed to just maintain essential food supplies for the civilian population. the crunch of the whole war, churchill to roosevelt at the end of 1940, rests in the atlantic. the decision for 1941, he wrote, lies upon the seas. and churchill after the war in his memoirs would write: the battle of the atlantic was the dominating factor all through the war. never for one moment could we forget that everything happening elsewhere on land, sea or in the air depending ultimately on its outcome. so in the spring of 1940, excuse me, thank you. so in the spring of 1941 in the face of mounting losses at sea, churchill issued a somewhat grin dill went, i guess you could say, churchilli

in the kingdom,adefenseministry,national guard, and the huge interior operation that watches people and guards the oil facilities. so a lot of saudis fear that some out each of these is run by a prince, three cousins, but they will perhaps fight with each other, which has happened in the past among the royal family. it's what brought down the second saudi state in the late 1880s. so if you're just a normal saudi talk about what is my plan b. and most people don't know what their plan b is. so there's a lot of nervousness, a lot of frustration. and because this is a country that has no experience whatsoever with self-governance, or even individual responsibility or civil society, they don't, most of them, a few talk about democracy, but most of them simply want what they describe as justice, and what they say they mean by that is a government that is more transparent, more accountable, more rule of law. where there are clear rules and they are enforced equally, not enforced, or not enforced as is often the case, but enforced based on who you are. i think this brings me to the what co

adefense. thiswent on for months. nixon thought this was much harder than the whole fund crisis and nixon was writing notes to himself, how he would announce his going to voluntarily get off the ticket. just agonizing, i'll do it for the good of the country, terribly -- not knowing what lay before him. so you can find all these sort of notes in these meetings and the way he presented himself. he gave a talk to the cia wants, or discussing the top of a vice president. he clearly you could see the way he saw himself as from his own self as a man who was -- he was ever. he was in the legislative branch and is in the executive branch. so in a way his job was -- is very interesting. keep looking but it's in the. there's a lot of files but how many billions of papers? >> they said 42 million pages but didn't count spent i didn't get through all of them. >> we have time for one last question. happy hour is about to stop in the lobby. you can ask our guests more questions you may have. they will both be the. also our favorite bookstore, skylight books is here thumbing copies of jeffrey frank's "i

was somewhat handicapped by secretary--defensesecretarydonald rumsfeld's review and theories about transforming the u.s. military into a smaller, more mobile force that depends on multipliers of forces. you get the sense in reading your book that you felt that the management theory, the ideology of transformation if you will really did handicapped what you were able to do to carry out of law and order responsibilities you felt were necessary. do i read that right? >> let me state my own words if i can to the i remember his patriotism and i think he's a really energetic and patriotic man. i do completely support his idea of the transformation of the u.s. military. i served in europe in number of times in the diplomatic service and if you look at the military in say the year 2000, it was still largely structured to meet the ten division nestled by the army across the north german planes, not a likely ease and given the collapse of the soviet union so i was very sympathetic that rumsfeld had a transforming to make it lighter, more mobile, quicker, communication intensive and so forth

the judge is right or wrong or whether the judge hasadefensiblephilosophyof judging. the originalist approach was really founded by john marshall. it's what is the basis of marbury the madison i suppose this is marshall said at the reason my judges have power to override the views of the legislature for the president is the constitution is a law like any other but there's a hierarchy. conflict of law principle. federal level to stay up, constitutional level the federal. treaties of the federal law. in the hierarchy created by the constitution. so when there is a firm with a plot to be found in the constitution, judges have the authority to articulate it. when there's not a rule of law to be found in the constitution, political branches are supposed to have the final say. one of the great clashes in modern jurisprudence is between the people who really believe in the rationale of marbury v. madison that the constitution wins when it is low and the people who think that we've got judicial review, we can make things up as we go along. which is fundamentally wrong. when we the living mak

and it was tough actually very difficult. i remember feelingverydefensiveevenwalking down the street they would say you are the devil incarnate doing terrible things i was used to being inspired and that was not a problem that i was a hate figure and those who knew nothing about me telling me how terrible i was. they saw was very affected by these letters to go back and read them in horror. so we both now regret he read that correspondence because it is a part-time but nobody wants to talk about sexual relations or the still all the legislators, said the fear of doing so. we persisted in change from criminal law with the whole family planning bill that was printed but not adopted but gradually the irish government did take responsibility nine years later with the measure and now that is of course, the controversial at all. meanwhile i was enjoying teaching law and a loved the interaction and i was practicing law and because of the opportunity to discuss tonight is state's constitutional law i quickly decided that was the area i wanted to focus on to take the test cases there issues of equality

that the financial crisis was not caused by -- was caused by the private sector. even if there were voicesindefenseofcapitalism, their views were seldom given attention in the media. i had a particularly remarkable experience with this problem while a member of the financial crisis inquiry commission. the commission scheduled several public hearings which were televised on c-span. the media were almost always present as observers or were watching the proceeds, proceedings on television. in several of the hearings, i asked witnesses whether they were aware that there were 25 million and other low -- subprime and other low quality mortgages in the financial system in 2008 before the financial crisis. that was the number i had at the time. since then ed pinto's work has shown that there were, in fact, 28 million low quality lobe -- loans in 2008. all the witnesses were asked this and all of them said they had never heard of such a thing. the fact that 28 million subprime mortgages were in the financial system in 2008 -- again, almost half of all mortgages -- was undoubtedly news. i might have been w

secretaryofdefense30years later spoke of his regret we could not listen to charles de gaulle it was a failure of imagination to realize the french were the best informed and we did not taken seriously because we assume they had it in for us. i went to the records of the event to look at what the advisers were telling him favor not saying those americans who have no culture but they said they analyzed the intelligence they were getting, a 70,000 french citizens commissar a vietnamese exiles they had good information they tried to share with us that we could not hear it because of the confusing concept. >> host: are there times in history where the entire nation in type feeling of roman empire? >> that is the right question to ask. in the era of the golden age british officials would talk about anglophobia to explain why they encountered resistance. and the explanation was when people rise up for criticize the problem is they don't like our literature or our values we have a phobia for the russian empire they don't understand and they don't like tolstoy. would redoing when we a